151.01 DEFINITION.

For use in this chapter, “parking” means that part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line or, on unpaved streets, that part of the street, avenue, or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.

151.02 PLANTING RESTRICTIONS.

No trees or shrubs shall be planted upon any street right-of-way nearer than twelve (12) feet to the curb line, and all trees and shrubs, no matter when planted and wherever situated in the street right-of-way, shall be maintained by the abutting property owner. Trees and shrubs planted in street right-of-ways prior to September 13, 1972, shall be permitted to remain as planted pursuant to the ordinances and laws existing at the time of planting, but shall not be replaced. The aforesaid limitation shall not apply on Main Street from its intersection with Bluff Street northerly to its intersection with Thirteenth Street, on which portion street plantings may be placed no nearer than eight (8) feet to curb line.

151.03 DUTY TO TRIM TREES.

The owner or agent of the abutting property shall keep the trees on, or overhanging the streets, trimmed so that all branches will be at least sixteen and one-half (16.5) feet above the surface of the roadway and eight and one-half (8.5) feet above the sidewalks. If the abutting property owner fails to trim the trees, the City may serve notice on the abutting property owner requiring that such action be taken within five (5) days. If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2c, d & e])

151.04 TRIMMING TREES TO BE SUPERVISED.

Except as allowed in Section 151.03, it is unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the City.

151.05 DISEASE CONTROL.

Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance.

151.06 INSPECTION AND REMOVAL.

The Council shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following:

1.   City Property. If it is determined that any such condition exists on any public property, including the strip between the curb and the lot line of private property, the Council may cause such condition to be corrected by treatment or removal. The Council may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon.

2.   Private Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Council shall notify by certified mail the owner, occupant or person in charge of such property to correct such condition by treatment or removal within fourteen (14) days of said notification. If such owner, occupant, or person in charge of said property fails to comply within 14 days of receipt of notice, the Council may cause the condition to be corrected and the cost assessed against the property.

(Code of Iowa, Sec. 364.12[3b & h])

151.07 SHRUBBERY.

All shrubbery, bushes and other growth within the confines of any area between the outer line of the sidewalk and curb, or if there be no curb, the surface portion of the street, shall be kept trimmed and pruned by the owner of the premises abutting so as not to impede or interfere with traffic or travel on the streets or sidewalks.